Some insurance advice needed (urgent)

[RSsprint]

Need a bit of help here as I've just had this put on me, following on from this thread.

http://www.cliosport.net/threads/insurance-repair-not-replace.785528/#post-10949505

The 3rd party insurers have rang me and said they are going to send the car back to me still damaged with a cheque for £2170 to get the repairs done myself and take the hire car away and I don't have a say in the matter.

Now I have a lot of sh*t going on at the moment and I'm ready to lose the plot, I really don't need this.

She needs a car to take one kid to nursery, the other to school then go to work for the day then pick them up again so we cannot do without it.
I can't really let her use mine and I drive the Vee as I'm doing to many miles and the weather is bound to make me stack it backwards into a wall.

Anyway can they do this? my insurance won't give me the time of day because I didn't go through them.

 

[Dan The Top Bloke]

would tradeing stantards have a say in this at all?

 

[FatRS]

Without knowing the full story, my understanding of insurance is to put you back in the position you were prior to the need for a claim. ie. Have a car you can drive and carry out your every day activities.

I don't the law and where you'd stand but it doesn't sound right.
Hopefully someone can guide you better.

 

[dangerous dave]

Remember this in a new age of car repair where second hand parts can be used..

You can kick and scream, but I dont think you'll win..

I remember when a mate at a body shop would claim more and more parts were damaged to build up a stock of good used parts to sell on eBay.. Oh how times have changed..

 

[Advikaz]

Remember this in a new age of car repair where second hand parts can be used..

You can kick and scream, but I dont think you'll win..

I remember when a mate at a body shop would claim more and more parts were damaged to build up a stock of good used parts to sell on eBay.. Oh how times have changed..

Yep, I ran a bodyshop years ago and the directors did exactly that!

Also sold the 'used' parts on the web, usually f*ck all wrong with them.

 

[cafcross]

I may be wrong, but they only have to provide a courtesy car until the claim has been settled.

In their eyes, as you have a cheque, the claim has been settled.

 

[Stay Puft]

Isn't that what you wanted? To fix it at a place of your choice?

 

[Addicted]

Also, another thread??

 

[RSsprint]

I haven't accepted any thing although they are demanding I do.

I would need my on quote on the repairs at the very least not take their word for it.

Also I have spoken to the body shop that took it away for repair by the 3rd party and they said although they couldn't deal with me direct they would not get involved with the repairing the car hence the cash in lieu offer.

 

[RSsprint]

Isn't that what you wanted? To fix it at a place of your choice?

No Davyy I wasn't bothered about that I just said I wanted it fixed properly, if I was to accept the money and take it to another body shop how do I know the 2k will cover it.

Also, another thread??

Correct.

 

[mace¬]

Take the 2k, fix it yourself and have a nice holiday? its only a car.

 

[RSsprint]

Take the 2k, fix it yourself and have a nice holiday? its only a car.

It's not a 2k repair mace, apart from the wing that can be repaired, the bonnet is creased and front bumper is totalled along with the headlight, grilles (lower, upper and kidney grilles) radiator, air con rad and everything else that's behind there.

I can't see how they can not just repair it and give me it back, I actually agreed they can repair and not replace as long as it's as it was last week.

 

[mace¬]

It's not a 2k repair mace, apart from the wing that can be repaired, the bonnet is creased and front bumper is totalled along with the headlight, grilles (lower, upper and kidney grilles) radiator, air con rad and everything else that's behind there.

I can't see how they can not just repair it and give me it back, I actually agreed they can repair and not replace as long as it's as it was last week.

Well, only one option. Ring them, refuse the offer verbally and send the cheque back recorded delivery with a letter stating you have not done so. Get them to fix it. Once its done you then have the option to play hardball if you aren't happy with the standard of work and refuse the car. Then it probably opens up a whole world of legal to and throw.

Edit: Will probably cost you a few quid out your pocket in the mean time you'll be gambling if you lose.

 

[Cookson]

Look up the meaning of indemnity. All they have to do is put you in a position that you were pre-accident. If they can repair it cheaper but you are refusing, then all they have to do is give you the repair costs.

You could always have it repaired yourself and sue them via small claims for the deficit, but I wouldn't suggest it.

 

[MatthewR]

Insurers can do a forced settlement, I work in the building side of the insurance (as a building surveyor at a contractors). If I do a survey at a property and it is clear that the policy holder is not going to accept the level of repair that the insurance policy would provide then we can request a cash settlement. The insurers will then take our schedule and send a cheque out for the value of the works and close the claim. Obviously there is more to it than I have gone into however that is the basics of the building side and I would assume that the car side would be the same.

 

[RSsprint]

Thanks for the replies.

Turns out there is absolutely nothing I can do about it.

They are picking the hire car up tonight at 7 and if its not available I will be getting billed direct even though I don't have any payment from them which will be a cheque when it arrives and I don't even have my own car back.

That is so messed up its unreal.

 

[Marc.]

This isn't aimed at a criticism, just an observation - but when individuals "play hardball" with a company (insurance or otherwise) that's absolutely okay - but if said company chooses to do that themselves, and only do what they're actually obliged to do, people kick off as if it's horrific.

As for your situation, I can't say I'm entirely surprised that there's nothing you can do. I'm a bit shocked that they're taking the hire car so soon though, you'd have thought that they'd have given you an opportunity to use it for a small period of time whilst you arrange the repair that they've told you to sort out yourself.

 

[mace¬]

This isn't aimed at a criticism, just an observation - but when individuals "play hardball" with a company (insurance or otherwise) that's absolutely okay - but if said company chooses to do that themselves, and only do what they're actually obliged to do, people kick off as if it's horrific.

As I did with Tesco...... f*****s took their £48 quid back. I doffed my cap and said Well Done Tesco, Well done.

 

[R3k1355]

Get on the phone to the insurance ombudsman then

 

[Marc.]

As I did with Tesco...... f*****s took their £48 quid back. I doffed my cap and said Well Done Tesco, Well done.

You live by the sword, you die by the sword...

 

[Saner]

Just hire a car from enterprise for a week if you need another one?

 

[tsoob]

I was going to say just buy a banger for now whilst you get the X5 fixed or find another car... It's a time vs. effort thing, time spent fighting the company is time without a car

 

[haimsey]

When I was supplied a courtesy car, they called me the day the cheque was processed to arrange collection. As far as they were concerned the day payment is issued is the end date of the hire agreement. I was reasonable with them and they agreed to collect on a Monday from my work, giving me the weekend extra/free (even though the other parties insurers were picking up the bill)

 

[ilovewilly]

I can't blame your frustration, because at the end of the day - you weren't in the wrong (were you?).

You've now got to find the time and effort to arrange repairs yourself, with presumably less of a leg to stand on if it's not up to scratch. By that I mean - If you have a car repaired through insurance you can moan if it's not done to a decent standard, whereas you are now going in as a regular punter with some cash in your pocket wanting some bodywork doing. The body shop isn't doing the work for the ~£25 an hour (est.) that an insurance company will pay, they are doing it presumably as if you were walking in as a private individual after driving in to your garage door. Any issues from now on with a company repairing your car will be your issue to resolve, and not that of the insurance company.

This £2k odd they are giving you. Is that based on an average cost for Joe Public going in to a reputable garage for a private job or what it would have cost them, paying the lower hourly rate they pay bodyshops?


Do we/you think this settlement has come from you moaning about repairs opposed to replacements, and them losing interest and telling you to do what they have the right to do, or is this a common route instead of arranging repairs to close cases quickly?

 

[RSsprint]

This isn't aimed at a criticism, just an observation - but when individuals "play hardball" with a company (insurance or otherwise) that's absolutely okay - but if said company chooses to do that themselves, and only do what they're actually obliged to do, people kick off as if it's horrific.

As for your situation, I can't say I'm entirely surprised that there's nothing you can do. I'm a bit shocked that they're taking the hire car so soon though, you'd have thought that they'd have given you an opportunity to use it for a small period of time whilst you arrange the repair that they've told you to sort out yourself.

If I was being unreasonable with my request for new parts I would understand if that's why they are being arsey but I don't think I was.

You have to remember that I used the 3rd parties insurance direct and not my own to keep their costs down, I thought that may of counted for something, I won't be doing that again.

I probably won't get my damaged car back until Friday the earliest.

Get on the phone to the insurance ombudsman then

I have as well as various other governing bodies but they all say the same, if it's their policy there nothing I can do.

I have now asked for a copy of their policy and also the engineers report with a breakdown of how they got to their 2k figure as a new bumper, rads, grilles, spot light, parking sensors, headlight washers and headlight will surely come close to that let alone repairing the wing and bonnet, painting and labour.

Just hire a car from enterprise for a week if you need another one?

I shouldn't have to pay for a replacement car, it was a non fault accident by a fully insured driver, I'd expect my car repaired and a hire car given until it was, anyone would expect the same.

I was going to say just buy a banger for now whilst you get the X5 fixed or find another car... It's a time vs. effort thing, time spent fighting the company is time without a car

The fight is over, I never got to throw a punch, it was their way and that's that.
Buying a banger tidbit really an option, no time and as above I shouldn't have to.

 

[Herr Flick]

That £2k won't cover new parts IMO. I'm guessing their figure is to repair what they can. ie, repair panels, re-use parts from the bumper that aren't broken etc.

Very shitty situation but from the sounds of it, like it or lump it!

 

[RSsprint]

I can't blame your frustration, because at the end of the day - you weren't in the wrong (were you?).

You've now got to find the time and effort to arrange repairs yourself, with presumably less of a leg to stand on if it's not up to scratch. By that I mean - If you have a car repaired through insurance you can moan if it's not done to a decent standard, whereas you are now going in as a regular punter with some cash in your pocket wanting some bodywork doing. The body shop isn't doing the work for the ~£25 an hour (est.) that an insurance company will pay, they are doing it presumably as if you were walking in as a private individual after driving in to your garage door. Any issues from now on with a company repairing your car will be your issue to resolve, and not that of the insurance company.

This £2k odd they are giving you. Is that based on an average cost for Joe Public going in to a reputable garage for a private job or what it would have cost them, paying the lower hourly rate they pay bodyshops?


Do we/you think this settlement has come from you moaning about repairs opposed to replacements, and them losing interest and telling you to do what they have the right to do, or is this a common route instead of arranging repairs to close cases quickly?

It was no fault of ours, she was stationary and crashed into.
The repairs are from their own repairer so I'm guessing at a lower rate.
It could be because I questioned their "engineer" that he has now said we will no longer fix it.

 

[Steve]

I just got mine back on Friday, initial quote was about a £1000, one of the other quotes was from someone who worked at the company previous so they matched the lower quote £696.
Finish is 100% I am picky & cannot see any issues
Good luck getting yours done, £2k should be doable.

 

[paddymph]

Look up the meaning of indemnity. All they have to do is put you in a position that you were pre-accident. If they can repair it cheaper but you are refusing, then all they have to do is give you the repair costs.

You could always have it repaired yourself and sue them via small claims for the deficit, but I wouldn't suggest it.

This.

You could pay for your own engineers report, it's not that expensive? See if there's any difference between repair costs? In my experience (9 years settling claims) it's not really in anyone's interest, on either side, to try and rip anyone off.

 

[Chuckie B]

Not claiming through my own insurance (see separate thread)but against the third party through the accident handling company included as a small component of my annual premium. Independent engineer report had the damage at £3000 and so they determined the car would likely be a write off and a valuation of around £2,300 before salvage so I am never going to be a Winner. Had to take the option of trying to get a contract repair to come within this lesser figure so I am now beholding to a repairer who has at least agreed to try an take it on. At least this way I get the price cost of a hire car for the short duration ( part of my uninsured loss recovery) rather than having to take the cheque and then try and fund a repair myself with no hire included.

Of course the third party insurer would want to have it written off with £90 a day in hire charges they could try and reasonably avoid! At least this way the accident mgt company have understood the importance of trying to getting some sort of reasonable repair even if it is not what I had hoped for. Will advise the final outcome good or bad!

 

[bloke]

phone quarry in sheffield and get all the bits you need nice and cheap and pocket the rest.

cost me £600 for the parts to sort this out for customer.

 

[Cookson]

Hang fire. Have you got Legal Expenses Insurance on YOUR policy? If so, that is a service that YOu pay for, meaning a solicitors appointed by your insurers can contact the third party insurers and enter into negotiations. They will arrange for a hire car for you. How the f**k they can send you a cheque if you havent even seen the engineers report is beyond me.

I know this sounds different to what I said before, but I skim read the thread and thought you had someone dealing with this for you and had your own insurers engineers evidence

 

[dk]

I'm still confused as to why you didn't involve your insurers, what's the benefit to you, nothing, so why do it?

 

[RSsprint]

phone quarry in sheffield and get all the bits you need nice and cheap and pocket the rest.

cost me £600 for the parts to sort this out for customer.

I will call them today. Thanks.

Hang fire. Have you got Legal Expenses Insurance on YOUR policy? If so, that is a service that YOu pay for, meaning a solicitors appointed by your insurers can contact the third party insurers and enter into negotiations. They will arrange for a hire car for you. How the f**k they can send you a cheque if you havent even seen the engineers report is beyond me.

I know this sounds different to what I said before, but I skim read the thread and thought you had someone dealing with this for you and had your own insurers engineers evidence

I'm fully comp with 3 cars, breakdown and world wide cover so I would of thought I had some sort of cover but they have said the legal cover is for uninsured drivers and losses arising from an accident.

They have basically told me it's my problem for not using them at the start (see my reply below)

I'm still confused as to why you didn't involve your insurers, what's the benefit to you, nothing, so why do it?

After the accident I informed my insurers as the Mrs was already late for a meeting and straight away they got really exited and told me that a company would contact us for injurie claims, loss of earnings, a hire car, new child seats as they were in an accident etc etc.

I told them there was no need, it wasn't bad no one was hurt and I just wanted the car repaired and one for her to use in the meantime.

I hate the fact that every Tom, Dick and Harry wanted to abuse the system and have their bit of the cherry, it's why I/we pay extortionate insurance in the 1st place.

The 3rd parties insurance rang me just after and told me they would have a hire car with her today and my car taken away and given back to me as it was before the accident and I would only need to deal with one person so it would be no hassle.

That there was my mistake, doing what I thought was the right thing.

To top it all off my renewal came through today, it's up £480 on last yea due to this non fault accident. Great.

 

[McGherkin]

To top it all off my renewal came through today, it's up £480 on last yea due to this non fault accident. Great.

Don't you just love car insurance?

 

[RSsprint]

Don't you just love car insurance?

Hard and dry come to mind 😧

 

[Cookson]

They have basically told me it's my problem for not using them at the start (see my reply below).

I would remind them that it is a service you have paid for to assist in non-fault accidents, then politely request they refund you the policy pricing

 

[Inequality Street]

I would remind them that it is a service you have paid for to assist in non-fault accidents, then politely request they refund you the policy pricing

Me too. If they're refusing to help you, isn't that them breaching the contract you have with them? What services were you paying for?

Renewals are always higher anyway, so I doubt the true damage is £480.

 

[RSsprint]

I thought I'd give everyone a laugh.
It turns out I've been shafted more than I thought and they have put it as a total loss.
£2170 for a 2005 X5 3.0d Sport with 80k and 2 owners.
Seriously how much do insurance companies think they can get away with.

 

[dangerous dave]

Wow, you started the day with a decent motor..


Ended it with a cat motor and empty pockets...


Merry fking xmas.. Don't bother doing the lottery or crossing the road, I think you'll be hit by a low flying submarine the way your lucks going.